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Madras High CourtWP/2770/2025disposed of

Junna Rajesh v. The Regional Passport Officer,

2025-01-31Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated :31.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR 1.Junna Rajesh

2. Minor.R.Krithik 3.Minor.R.Dharshan ... Petitioners Vs.

The Regional Passport Officer Royala Towers, No.2 and 3, IV Floor, Old No.785 New No.158, Anna Salai, Chennai-600 002 ... Respondents Prayer: Writ petition filed under Article 226 of Constitution of India seeking for issuance of Writ of Mandamus, directing the respondent to dispose the petitioners representation dated 06/8/2024 in respect to the petitioners Online passport Applications in File No.MA1066628677924 and Letter Ref.No.SCN / 318605521 /24, File No.MA1066628734324 and Letter Ref.No.SCN / 318610587 /24, File.No.MA1066628899924 and Letter Ref.No.SCN / 318610581 /2024 all the letter dated 07/06/2024 of clarification letter dated 24/07/2024 and consequently direct the respondent to issue passport to the petitioners within a stipulated time fixed by this Honorable Court.

For Petitioner : Mr.N.Vijaya Baskar for Law Vision For Respondents : Mr.Venkataswamy Babu SPC (GOI)

ORDER

The writ petition is filed seeking issuance of writ of mandamus directing the respondent to dispose of the petitioners' representation dated 06.08.2024 in respect of online passport applications in File Nos. MA1066628677924 , MA1066628734324 and MA1066628899924.

2. The 1st petitioner is the mother of the petitioners 2 and 3. The 1st petitioner's parents who were Nepal Citizens came to India in the year 1970 and settled down at Chennai. The 1st petitioner was born in India on 01.03.1985 and from that date onwards, she has been residing at Chennai along with her parents. The petitioners 2 and 3 were born to 1st petitioner at Chennai and they have been living in India from the date of their birth. The petitioners applied for issue of passport before the 1st respondent by submitting all necessary documents to establish their birth as well as continuous residence in India. In spite of the

same, the applications of the petitioners have not been processed.

3. The 1st respondent issued a notice on 24.07.2024 calling upon the petitioners to submit their explanation for the adverse police report regarding suppression of fact that they were Nepal citizens. The petitioners submitted their explanation to the 1st respondent on 06.08.2024 mentioning their continuous residential status and their birth in India. The explanation offered by the petitioners was not considered by the respondent and hence, the petitioners have come before this Court.

4.Mr.Venkataswamy Babu, learned Senior Panel Counsel, who takes notice for the respondent, submits that the explanation offered by the petitioner will be considered in accordance with law and final orders will be passed within a time fixed by this Court.

5. In view of the same, without expressing any opinion on the entitlement of the petitioners to get passport, this Court is inclined to direct the respondent to consider the petitioners' representation dated 06.08.2024 and pass final orders on its' own merits within a period of four weeks from the date of receipt of copy of this order.

5. With the above direction, the writ petition stands disposed of. No costs.

31.01.2025 Index:Yes/No Internet:Yes/No nr To The Regional Passport Officer Royala Towers, No.2 and 3, IV Floor, Old No.785 New No.158, Anna Salai, Chennai-600 002

S.SOUNTHAR, J.

nr 31.01.2025